Franchising Since: 1947
Headquarters: Enfield, Connecticut
Estimated Number of Units: 260
Franchise Description: The franchisor is FADS USA, Inc. (formerly known as Megadance USA Corp.). The franchisor offers franchises for the establishment and operation of a studio specializing in dance and dance fitness classes led by its trained instructors (referred to as Astaire Pros). The franchisor markets its classes to customers of all ages and economic levels, but targets adults between the ages of 18 and 75.
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Territory Granted: Once franchisees have secured their site, the franchisor will provide an area in which they will have certain rights (the territory). The territory will be determined based upon the density and demographics of the geographic area around the studio. For example, if the studio is located in a major metropolitan area or heavily populated business district, the size of the territory may be smaller than if the studio is located in a rural or suburban location. Typically, the minimum size of the territory will be 15,000 people. The size of the territory will vary from the territory granted to other franchisees based on the location and demographics surrounding a studio. During the term of the Franchise Agreement, provided franchisees are not in default under the Franchise Agreement (including their obligation to meet their performance standards), the franchisor will not operate, or license others to operate, a studio using the FADS system and the marks inside the territory.
Obligations and Restrictions: At all times that the studio is open for business, it must be under the personal, on-premises supervision of either franchisees, their operating principal, their key manager or a trained attendant. The key manager or another trained manager must be available at all times the studio is open for business. Franchisees or their operating principal and their key manager must successfully complete the training program and any other training programs that the franchisor may require. Franchisees may not permit their studio to be operated, managed, directed or controlled by any other person without the franchisor’s prior written permission. The operating principal must have at least a 10% ownership interest in the entity, must have authority over all business decisions related to the studio and must have the power to bind the franchisee in all dealings with the franchisor. Franchisees may offer for sale in their studio only the products and services that the franchisor has approved in writing. In addition, franchisees must offer the specific products and services that the franchisor identifies in the manuals, or otherwise in writing, as required products and services.
Term of Agreement and Renewal: The length of the initial franchise term is 10 years. If franchisees meet the conditions, they may enter into one successor 10-year renewal term which may contain materially different terms than the original Franchise Agreement.
Financial Assistance: The franchisor does not offer direct or indirect financing. The franchisor does not guarantee a franchisee’s note, lease or an obligation.
Estimated Initial Investment
Name of Fee | Low | High |
Initial Franchise Fee | $35,000 | $60,000 |
Initial Training Fee | $0 | $5,000 |
Travel Expenses to Training | $1,000 | $3,500 |
Security Deposits for Leasehold and/or Utilities | $8,500 | $25,500 |
Rent for 3 Months | $25,500 | $60,000 |
Construction Management | $0 | $15,000 |
Construction Due Diligence | $1,000 | $5,000 |
Design, Architecture, Engineering | $7,000 | $25,000 |
Construction Permits and Permit Management | $1,000 | $10,000 |
Net Leasehold Improvements | $100,000 | $250,000 |
Furniture, Fixtures and Equipment | $10,000 | $30,000 |
Studio Management and Technology System Components | $5,000 | $20,000 |
Signage and Graphics | $10,000 | $15,000 |
Supplies and Accessories | $4,000 | $14,000 |
Supplies and Marketing Materials | $1,000 | $1,000 |
Business Licenses | $500 | $2,500 |
Technology Fee for 3 Months | $600 | $600 |
Professional Fees | $2,500 | $10,000 |
Insurance | $3,000 | $5,500 |
Captive Market Insurance | $25,600 | $25,600 |
Grand Opening Marketing Budget | $5,000 | $5,000 |
Working Capital for 3 Months | $50,000 | $70,000 |
ESTIMATED TOTAL | $296,200 | $658,200 |
Other Fees
Type of Fee | Amount |
Royalty Fee | 7% of gross revenue for the preceding week. |
Performance Royalty Fee | The difference between the amount of royalty fees actually paid and the amount of royalty fees franchisees would have paid if they had met their minimum performance levels. |
Renewal Fee | 50% of the original franchise fee. |
Advertising Fee | Currently, $150. |
Technology Fee | Currently, $50 per week for the first year of the initial term; $75 per week for the second year of the initial term; and $100 per week for the third year and each subsequent year of the initial term, subject to change annually in increments of $25 upon written notice to franchisees. |
Initial Licensing Fees | Then-current fee. |
PCI Compliance Program | Then-current fee. |
Transfer Fee | The greater of $4,000 or 2% of the purchase price for any transfer resulting in a change of control; $2,500 for non-change of control transfers and transfers to entities for convenience of ownership. |
Relocation Fee | $2,500 |
Non-Compliance Fee | $150 |
Interest and Late Fees | 10% per annum (or the maximum rate permitted by law if less than 10%) calculated from the due date until paid and compounded weekly, plus $25 for each week or portion of a week that a payment is paid after the due date for the payment specified. |
Initial Training for Additional or Replacement Trainees | Currently, $2,500 per trainee. |
Optional Training Programs | Varies based on program. |
Remedial Training Fee | Currently, $500 per day or partial day. |
Consulting Fee | Currently, $500 per employee or agent for each full or partial day, plus any travel and living expenses for each employee or agent. |
Continuing Business Education Fee | Currently, $250 per hour per person trained. |
Required Conferences | Reasonable registration fee. |
Temporary Key Manager | Currently, the sum of (i) the actual costs and expenses incurred; and (ii) the temporary key manager’s salary and travel and living expenses. |
Temporary Astaire Pro | Currently, $500 per Astaire Pro for each full or partial day, plus their travel and living expenses. |
Product, Service, Supplier and Service Provider Review | The franchisor’s reasonable cost of the inspection and its actual cost of testing the proposed product or evaluating the proposed service or service provider, including personnel and travel costs. |
Independent Competition Fee | Currently, $500 per student or Astaire Pro from the franchisee’s studio. |
Competition Fee | $300 per member, in the aggregate for that calendar year for student or Astaire Pro that the franchisee failed to send to international competitions and regional competitions. |
Music License Fee | $1,100 per year or $30 per week. |
Insurance | Cost and expenses of the premium plus a reasonable fee for the franchisor’s services in procuring the insurance. |
Escrow | Currently, $5,000 to $25,000 plus 3% of gross revenue per month until $25,000 in escrow account. |
Captive Market Insurance | Currently, $200 to $800 per month. |
Local Marketing Spending Requirement | 2% of gross revenue for the previous quarter. |
Grand Opening Advertising | A minimum of $5,000. |
Advertising Cooperative | If a cooperate is formed in their area, franchisees must pay the then-current fee for their regional or local advertising cooperative. |
Optional Fred Astaire Marketing (FAM) Assistance | $250 per month. |
Inspection | The franchisor’s reasonable expenses incurred in inspecting the business (whether itself, through its employees, area representatives or agents), including travel and living expenses, wages and other expenses for its employees, area representatives and agents. |
Audit | The franchisor’s costs and expenses, including costs for an independent accountant and attorneys’ fees and related travel and living expenses. |
Remedial Expenses | The franchisor’s reasonable expenses incurred in correcting the franchisee’s operational deficiencies. |
Temporary Management | 3% of the studio’s gross revenue during the period of management, plus any direct out-of-pocket costs and expenses. |
Indemnification | Amount of the franchisor’s liabilities, fines, losses, damages, costs and expenses (including reasonable attorneys’ fees). |
Enforcement Expenses | The franchisor’s reasonable costs and expenses (including reasonable attorneys’ fees) incurred in enforcing its rights and remedies; its reasonable costs and expenses incurred in de-identifying the studio. |
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